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(영문) 부산고등법원 2018.12.20 2018노512
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court against the Defendant on the summary of the grounds for appeal (a crime of 2018 Gohap 115: imprisonment with prison labor for a year and six months, and a crime of 2018 Gohap 213: imprisonment with prison labor for a year and six months, and a crime of 2018 Gohap 213: a suspended sentence of imprisonment for a period of six months) is too unreasonable.

2. The decision-making defendant made a confession and reflects all of the crimes of this case.

At the time of the defendant's activities as a member of a criminal organization, there was no physical conflict, and now there is no activity of a criminal organization.

An agreement was made with the victim of the fraud crime.

These points are favorable to the defendant.

However, there is a high possibility of social criticism in terms of giving a large number of citizens with serious damage directly or indirectly and creating a sound social apprehension, in the event that violent crime by a member of a violent crime organization is committed habitually and professionally because it is likely to be committed habitually and professionally, and is committed by itself, based on the status of the organization.

In addition, the defendant is inevitable to be sentenced to imprisonment with prison labor during the period of repeated crime.

Considering the motive and background leading up to the Defendant to each of the instant crimes, the circumstances after the commission of the instant crimes, and other circumstances of sentencing recorded in the records, including the Defendant’s age, sex, and environment, the lower court appears to have determined the punishment within a reasonable scope, by fully taking into account the circumstances that the Defendant was able to file for appeal, including the circumstances that the Defendant was able to file for appeal.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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